Medical Negligence Lawyers

Have you sustained an injury as a result of medical negligence or malpractice covering an action against a hospital, chiropractor, general practitioner orthopaedic specialist, neurologist, gynaecologist, nurse or some other medical health provider including a nursing home?  The most common forms of injury arising from medical negligence mistake and malpractice include the following:

  • Brain injury;
  • Neurological damage arising from lack of oxygen;
  • Nerve damage;
  • Orthopaedic problems associated with poorly treated fractures and breaks;
  • Failure to diagnose a medical condition in a timely manner or at all;
  • Failure to provide appropriate medication;
  • Failure to adequately asses and treat a potential medical condition leading to complications;
  • Gynaecological problems associated with childbirth including failure to act in a manner to avoid issues such as shoulder dystocia & brain damage to unborn children;
  • Obstetrics
  • Gynaecology
  • Neurology
  • Infectious diseases
  • Urology
  • Paediatrics
  • Emergency medicine
  • General surgery
  • Orthopaedics
  • Psychiatry

What do I do if I am injured?

Firstly you need to determine whether you have a suitable claim based on negligence that can be brought against the medical provider.  You will need a great deal of information including the doctors notes, hospital notes, referral to a specialist doctor for an assessment and a suitably qualified expert personal injury lawyer who is very experienced in medical negligence action to put the facts together so that an expert medical specialist can be briefed.  Gerard Malouf and Partners have been undertaking medical negligence claims and are leaders in this area of law for over 33 years having run thousands upon thousands of successful medical negligence claims.  It’s important you see a lawyer as soon as possible because time limits apply, generally three years under Australian law.  Make sure you keep a detailed record of all treatment received and records of any conversations undertaken with medical practitioners where any form of admission of fault is made.

What does it cost to see a medical negligence lawyer?

If you see Gerard Malouf and Partners they are prepared to undertake all work including all investigations and more particularly the briefing of an expert medical specialist (which often costs many thousands of dollars), to undertake a review of the facts to determine the strength and merit of your claim.  The firm is prepared to act on a “no win no fee” basis not only in relation to the professional costs but also in relation to all Court, Barrister and medical report fees that may be incurred win or lose.

How long does it take to make a medical negligence claim?

Generally cases take between 18 months and three years depending on the complexity and the extent of damage sustained by a particular person.  If for instance your injuries take up to 18 months to stabilise, it would not be appropriate to commence legal action until this occurs.  Generally it takes about two years from the filing of a Statement of Claim in the Supreme or District Court before it comes to fruition and finalises either by way of a settlement following a mediation or via a Judgment at court.  We are pleased to say that Gerard Malouf and Partners settles for significant sums of money, approximately 80 to 90% of their medical negligence cases avoiding the risks associated with a full-blown court hearing.  This reduces our client’s legal costs and our client’s exposure to an order for costs against them.  This will follow of course many meetings with your lawyer obtaining facts and numerous attendances upon various medical specialists to obtain evidence about the liability and the extent of damage sustained by you

What damages & compensation can I claim following a medical negligence mistake?

There are numerous heads of damages, basically an award for money for the following areas: –

  • Pain and suffering – this means money for interference with your lifestyle and an award could be as much as $450,000.00 under this heading and does not cover wage loss simply disturbance to your life.
  • Wage loss both past and future or loss of salary or if self-employed loss of business income.
  • Loss of superannuation projected until retirement age.
  • Home care required such as personal care, gardening, cooking, cleaning, washing, services as required based on an approximate rate of $30.00 per hour but one needs to establish a minimum of six hours requirement per week to get through the threshold required.
  • Lump sum money paid for home modifications if and when required plus any special needs such as wheelchairs, special vehicle modifications etc. etc.
  • Past and future medical expenses covering doctors, physiotherapists, chiropractors, medical specialists, hospital admissions and the like.

The amount of money claimable in an average medical negligence claim might be a few hundred thousand dollars based upon the above heads of damages but of course each case is different.  Additionally you would receive money as a contribution towards your legal costs known as party-party costs payable by the insurance company/defendant.

What information should I take to my medical negligence lawyer?

Basically any documentation, medical reports that you hold would be very useful. Additionally you should provide a detailed statement setting out the facts of the case which is supported with any witness statements available.  If you have undertaken discussions with the medical institution or Doctor that allegedly caused the fault you should recite the details of these discussions and meetings in writing for your lawyer to examine.  Your Medicare number, copies of x-rays and other investigations and names and addresses of any witnesses.

Copies of any invoices received for the treatment to determine whether or not you are a private or public patient for a hybrid patient.

Gerard Malouf and Partners has the ability to handle your case in a professional, compassionate and expert manner making sure you receive maximum compensation in the minimum time.  They are willing to offer you a complimentary 90 day free trial of their professional services simply to provide you with the confidence necessary to make the right decision.  Their track record of success solely in personal injury law winning over $1 billion speaks for itself.  Why risk you or your family with another firm who does not have their expertise?

For a 90 Day Free Trial of our No Win No Fee Medical Negligence Lawyers in Canberra contact us on 1800 004 878.

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